#THE DOCK WORKERS (REGULATION OF EMPLOYMENT) ACT, 1948 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Short title and extent. 
2. Definitions. 
3. Scheme for ensuring regular employment of workers. 
4. Making, variation and revocation of schemes. 
5. Advisory Committees. 
5A. Dock Labour Boards. 
5B. Functions of a Board. 
5C. Accounts and audit. 
5D. Annual report. 
5E. Annual report and audited accounts, to be laid before Parliament or Legislature. 
6. Inspectors. 
6A. Power to order inquiry. 
6B. Power to supersede a Board. 
6C. Acts or proceeding of Board and Advisory Committee not to be invalidated. 
7. Cognizance of offences. 
7A. Offences by companies. 
8. Power to make rules. 
8A. Schemes and rules to be laid before Parliament. 
9. Saving. 



#THE DOCK WORKERS (REGULATION OF EMPLOYMENT) ACT, 1948 

##ACT NO. 9 OF 1948

[4th March, 1948.] 

  An Act to provide for regulating the employment of dock workers. 

  WHEREAS it is expedient to provide for regulating the employment of dock workers; 

  It is hereby enacted as follows:— 

1. **Short title and extent.**—(1) This Act may be called the Dock Workers (Regulation  of 
Employment) Act, 1948. 

(2) It extends to the whole of India except the State of Jammu and Kashmir[^1]. 

2. **Definitions.**—In this Act, unless there is anything repugnant in the subject or context, — 

  (a) “Board” means a Dock Labour Board established under section 5A;

  (aa) “cargo” includes anything carried or to be carried in a ship or other vessel;

  (b) “dock worker” means a person employed or to be employed in, or in the vicinity of, any port 
on  work  in  connection  with  the  loading,  unloading,  movement  or  storage  of  cargoes,  or  work  in 
connection  with  the  preparation  of  ships  or  other  vessels  for  the  receipt  or  discharge  of  cargoes  or 
leaving port; 

  (c) “employer”, in relation to a dock worker, means the person by whom he is employed or to be 
employed as aforesaid; 

  (d) “Government” means, in relation to any major  port, the Central Government and, in relation 
to any other port, the State Government; 

  (e) “scheme” means a scheme made under this Act. 

3. **Scheme  for  ensuring  regular  employment  of  workers.**—(1) Provision  may  be  made  by  a 
scheme for the registration of dock workers and employers with a view to ensuring greater regularity 
of employment and for regulating the employment of dock workers, whether registered or not, in a port. 

(2) In particular, a scheme may provide— 

  (a) for the application of the scheme to such classes of dock workers and employers as may be 
specified therein; 

  (b) for defining the obligations of dock workers and employers subject to the fulfilment of which 
the scheme may apply to them and the circumstances in which the scheme shall cease to apply to any 
dock workers or employers; 

  (c) for  regulating  the  recruitment  and  entry  into  the  scheme  of  dock  workers, and the 
registration of dock workers and employers,  including  the  maintenance  of  registers,  the  removal 
either  temporarily  or  permanently,  of  names  from  the  registers  and  the  imposition  of  fees  for 
registration; 

[^1]. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu 
and Kashmir and the Union territory of Ladakh. 



  (d) for regulating the employment of dock workers, whether registered or not, and the terms and 
conditions of such employment, including rates of remuneration, hours of work and conditions as to 
holidays and pay in respect thereof; 

  (e) for securing that, in respect of periods during which employment, or full employment, is not 
available for dock workers to whom the scheme applies and who are available for work, such workers 
will, subject to the conditions of the scheme, receive a minimum pay; 

  (f) for prohibiting, restricting or otherwise controlling the employment of dock workers to whom 
the scheme does not apply and the employment of dock workers by employers to whom the scheme 
does not apply; 

  (ff) for  creating  such  fund  or  funds  as  may  be  necessary  or  expedient  for  the  purposes  of  the 
scheme and for the administration of such fund or funds;

  (g) for the  training [^2]*** of  dock  workers, in so far  as  satisfactory  provision  therefore  does  not 
exist apart from the scheme; 

[^3][(gg) for the welfare of the officers and other staff of the Board;] 

[^4] *                       *                        *                             *                             *                             * 

  (i) for the manner in which, and the persons by whom, the cost of operating the scheme  is to be 
defrayed; 

  (j) for constituting the authority to be responsible for the administration of the scheme;

  (k) for such incidental and supplementary matters as may necessary or expedient for the purposes 
of the scheme. 

(3) A scheme may further provide that a contravention of any provision thereof shall be punishable 
with imprisonment for such term as may be specified but in no case exceeding three months in respect of 
a first contravention or six  months in respect of any subsequent contravention, or with fine which may 
extend to such amount as may be specified but in no case exceeding five hundred rupees in respect of a 
first  contravention  or  one  thousand  rupees  in  respect  of  any  subsequent  contravention,  or  with  both 
imprisonment and fine as aforesaid. 

4. **Making, variation and revocation of schemes.** —(1) The Government may, by notification in the 
Official  Gazette  and  subject  to the  condition  of  previous  publication,  make  one  or  more  schemes  for a 
port or group of ports, and may in the like manner and subject to the like condition add to, amend, vary or 
revoke any scheme made by it. 

(2) The  provisions  of  section  23  of  the  General  Clauses  Act,  1897  (10 of  1897),  shall  apply  to  the 
exercise of a power given by sub-section (1) as they apply to the exercise of a power given by a Central 
Act to make rules subject to the condition of previous publication. 

[^2]. The words “and welfare” omitted by Act 54 of 1986, s. 23 (w.e.f. 15-4-1987). 
[^3]. Ins. by Act 31 of 1970, s. 2 
[^4]. Omitted by Act 54 of 1986, s. 23 (w.e.f. 15-4-1987). 


 
(3) The  Government  may  direct  the  port  authority  of  any  port  to  prepare,  in  accordance  with  such 
instructions as may from time to time be given to it, one or more draft schemes for the port, and the port 
authority shall comply with such direction. 

5. **Advisory Committees.**—(1)  The  Government  may,  or  if  it  decides  to  make  any  scheme  under 
section  4,  shall,  constitute  an  Advisory  Committee,  to  advise  upon  such  matters  arising  out  of  the 
administration of this Act or any scheme made thereunder as the Government may refer to it for advice. 

(2) The members of the Advisory Committee shall be appointed by the Government and shall be of 
such number and chosen in such manner as may be prescribed by rules made under this Act: 

Provided that the Advisory Committee shall include an equal number of members representing— 

  (i) the Government, 

  (ii) the dock workers, and 

  (iii) the employers of dock workers, and shipping companies.

(3) The Chairman of the Advisory Committee shall be one of the members appointed to represent the 
Government, nominated in this behalf by the Government. 

(4) The Government shall publish in the Official Gazette the names of all members of the Advisory 
Committee. 

5A. **Dock Labour Boards.**—(1)  The  Government  may,  by  notification  in  the  Official  Gazette, 
establish a Dock Labour Board for a port or group of ports to be known by such name as may be specified 
in the notification. 

(2) Every such Board shall be a body corporate with the name aforesaid, having perpetual succession 
and a common seal with power to acquire, hold and dispose of property and to contract and may, by that 
name, sue and be sued. 

(3) Every  such  Board  shall  consist  of  a  Chairman  and  such  number  of  other  members  as  may  he 
appointed by the Government: 

Provided that every such Board shall include an equal number of members representing— 

  (i) the Government, 

  (ii) the dock workers, and 

  (iii) the employers of dock workers, and shipping companies. 

(4) The  Chairman  of  a  Board  shall  be  one  of the  members  appointed  to  represent the  Government, 
and nominated in this behalf by the Government. 

5B. **Functions of a Board.**—(1) A Board shall be responsible for administering the scheme for the 
port or group of ports for which it has been established and shall exercise such powers and perform such 
functions as may be conferred on it by the scheme. 

(2) In the exercise of its powers and the discharge of its functions, a Board shall be bound by such 
directions as the Government may, for reasons to be stated in writing, give to it from time to time. 

5C. **Accounts and audit.**—(1)  Every  Board  shall  maintain  proper  accounts  and  other  relevant 
records and prepare an annual statement of accounts, including a balance-sheet in such form as may be 
prescribed by rules made under this Act. 

(2) The accounts of the Board shall be audited annually by the Comptroller and Auditor-General of 
India or by such other auditors qualified to act as auditors of companies under the law for the time being 
in force relating to companies, as the Government may appoint. 

(3) The  auditors  shall,  at  all  reasonable  times,  have  access  to  the  books  of  accounts  and  other 
documents of the Board and may, for the purposes of the audit, call for such explanation and information 
as they may require or examine any member or officer of the Board. 

(4) The auditors shall forward to the Government a copy of their report together with an audited copy 
of the accounts of the Board. 

(5) The  cost  of  the  audit  as  determined  by  the  Government  shall  be  paid  GUI  of  the  funds  of  the 
Board.

[^1][5D. **Annual report.**—Every Board shall prepare, in such form and at such time in each financial 
year  as  may  be  specified  by  rules  made  under  this  Act,  its  annual  report,  giving  full  accounts  of  its 
activities during the previous financial year, and submit a copy thereof to the Government. 

5E. **Annual  report  and  audited  accounts,  to  be  laid  before  Parliament  or  Legislature.**—The 
annual report, and the audited accounts of the Board, together with auditor's report thereon and a review 
by the Government on the working of the Board, shall, within a period of nine months of the close of the 
financial year, be laid before each House of Parliament, if such report and accounts have been submitted 
to the Central Government, and before the Legislature of the State, if such report and accounts have been 
submitted to the State Government: 

  Provided  that  where  such  report,  accounts  and  the  review  are  not  laid  before  Parliament  or,  as  the 
case may be, before the Legislature of the State within the said period, the same shall be so laid thereafter 
along with the reasons for the delay.] 

6. **Inspectors.**—(1)  The  Government  may,  by  notification  in  the  Official  Gazette,  appoint  such 
persons as it thinks fit to be Inspectors for the purposes of this Act at such ports as may be specified in the 
notification. 

(2) Every  Inspector  shall  be  deemed  to  be a  public  servant  within the  meaning of  the  Indian  Penal 
Code (45 of 1860). 

(3) An Inspector may, at any port for which he is appointed,— 

  (a) enter, with such assistance (if any) as he thinks fit, any premises or vessel where dock workers 
are employed; 

  (b) require any authority or person to produce any register, muster-roll or other document relating 
to the employment of dock workers, and examine such document; 

  (c) take  on  the  spot  or  otherwise  the  evidence  of  any  person  for  the  purpose  of  ascertaining 
whether the provisions of any scheme made for the port are, or have been, complied with. 

[^1]. Ins. by Act 56 of 1988, s. 2. 



(4) The Government may, by notification in the Official Gazette, prescribed the manner in which and 
the persons by whom complaints regarding contravention of any provision of a scheme may be made to 
an Inspector and the duties of the Inspector in relation to such complaints. 

6A. **Power to order inquiry.**—(1) The Government may, at any time, appoint any person to 
investigate or inquire into the working of a Board and submit a report to the Government. 

(2) The  Board  shall  give  to  the  person  so  appointed  all  facilities  for  the  proper  conduct  of  the 
investigation or inquiry and furnish to him such documents, accounts or information in the possession of 
the Board as he may require. 

6B. **Power  to  supersede  a  Board.**—(1)  If,  on  consideration  of  the  report  under  section  6A  or 
otherwise, the Government is of opinion— 

  (a) that, on account of a grave emergency, a Board is unable to perform its functions, or 

  (b) that a Board has persistently made default in the discharge of  its functions or has exceeded or 
abused its powers, 

the Government may, by notification in the Official Gazette, supersede the Board for such period as may 
be specified in the notification: 

  Provided that, before issuing a notification under this sub-section on any of the grounds mentioned in 
clause (b), the Government shall give a reasonable opportunity to the Board to show cause why it should 
not be superseded and shall consider the explanations and objections, if any, of the Board. 

(2) Upon the publication of a notification under sub-section (1),— 

  (a) all the members of the Board shall, as from the date of such publication, vacate their offices as 
such members; 

  (b) all the powers and functions which may be exercised or performed by the Board shall, during 
the  period  of  supersession,  be  exercised  or  performed  by  such  person  as  may  be  specified  in  the 
notification; 

  (c) all funds and other property vested in the Board shall, during the period of supersession, vest 
in the Government. 

(3) On  the  expiration  of  the  period  of  supersession  specified  in  the  notification  issued  under 
sub-section (1), the Government may— 

  (a) extend the period of supersession for such further period as it may consider necessary; or 

  (b) re-establish the Board in the manner provided in section 5A. 

6C. **Acts  or  proceeding  of  Board  and  Advisory  Committee  not  to  be  invalidated.**—No  act  or 
proceeding of a Board or the Advisory Committee shall be invalid merely by reason of— 

  (a) any vacancy in, or any defect in the constitution of, the Board or the Advisory Committee, or 

  (b) any defect in the appointment of a person acting as a member of the Board or the Advisory 
Committee, or 

  (c) any  irregularity  in  the procedure  of  the  Board  or  the  Advisory  Committee  not  affecting  the 
merits of the case.

7. **Cognizance of offences.**—(1) No Court shall take cognizance of any offence made punishable by 
a scheme or of any abetment thereof, except on a report in writing of the facts constituting such offence or 
abetment made by an Inspector or by a person specially authorised in this behalf by the Government. 

(2) Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure  1898[^1] (5  of  1898),  an 
offence  made  punishable  by  a  scheme  or  an  abetment  thereof  shall  be  triable  only  by  a  Presidency 
Magistrate or a Magistrate of the first class. 

[^2][7A. **Offences by companies.**—(1)  If  the  person  committing  an  offence  made  punishable  by  a 
scheme or any abetment thereof is a company, every person who, at the time the offence or abetment was 
committed, was in charge of, and was responsible to, the company for the conduct of the business of the 
company, as well as the company, shall be deemed to be guilty of the offence or abetment and shall be 
liable to be proceeded against and punished accordingly: 

  Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment, if he proves that the offence or abetment was committed without his knowledge or that he 
exercised all due diligence to prevent the commission of such offence or abetment. 

(2) Notwithstanding  anything  contained in sub-section  (1),  where  an  offence  made  punishable  by  a 
scheme or any abetment thereof has been committed by a company and it is proved that the offence or 
abetment has been committed with the consent or connivance of, or is attributable to any neglect on the 
part of, any director, manager, secretary or other officer of the company, such director, manager, secretary 
or  other  officer  shall  also  be  deemed  to  be  guilty  of  that  offence  or  abetment  and  shall  be  liable  to  be 
proceeded against and punished accordingly. 

*Explanation.* —For the purposes of this section,— 

  (a) “company”  means  any  body  corporate  and  includes  a  firm  and  other  association  of 
individuals; and 

  (b) “director”, in relation to a firm, means a partner in the firm.

8. **Power to make rules.**—(1) The Government may, by notification in the Official Gazette, make 
rules to give effect to the provisions of this Act. 

(2) In particular and without prejudice to the generality of the forgoing power, such rules may provide 
for— 

  (a) the compositions of the Advisory Committee and Boards and the manner in which members 
of the Advisory Committee and the Boards shall be chosen; 

  (b) the  term  of  office  of,  and  the  manner  of  filling  casual  vacancies  among,  the  members  of  a 
Board or the Advisory Committee; 

  (c) the meetings of a Board and the Advisory Committee, the quorum for such meetings and the 
conduct of business thereat; 

  (d) the conditions subject to which, and the mode in which, contracts may be entered into by or 
on behalf of a Board; 

  (e) the allowances, if any, payable, to the members of a Board or the Advisory Committee; 

  (f) the disqualifications for membership of a Board; 

[^1]. See now the Code of Criminal Procedure, 1973 (2 of 1974). 
[^2]. Ins. by Act 31 of 1970, s. 3. 



  (g) the  form  in  which  a  Board  shall  prepare  its  annual  statement  of  accounts  and  the 
balance- sheet. 

[^1] *                                *                              *                               *                            *                       * 

8A. **Schemes and rules to be laid before Parliament.**— Every scheme and every rule made under 
this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of 
Parliament, while it is in session, for a total period of thirty days which may be comprised in one session 
or in two or more successive sessions, and if, before the expiry of the session immediately following the 
session or the successive sessions aforesaid, both Houses agree in making any modification in the scheme 
or  rule  or  both  Houses  agree  that  the  scheme  or  rule  should  not  be  made,  the  scheme  or  rule  shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that scheme or rule.

9. **Saving.**—  Every  Dock  Labour  Board  established  for  a  port  or  a  group  of  ports  before  the 
commencement  of the  Dock  Workers  (Regulation of Employment)  Amendment Act,  1962 (8  of  1962), 
under a scheme made under section 4, and functioning as such immediately before such commencement 
shall be deemed to be a Board established under section 5A and, accordingly, all the provisions of this 
Act shall apply to every such Board.

[^1]. Omitted by Act 49 of 1980, s. 4.